California Employment Law: Wrongful Termination Defense

When a company is accused of violating employment laws, discrimination or wrongfully terminating an employee, it can have devastating and lasting effects on its reputation.

When a company is accused of employment law discrimination and wrongful termination, it can threaten your hard-earned reputation. The CE Smith Law Firm in Oceanside has been protecting and defending employers for over 20 years. Founding attorney Clifton Smith partners with company management and human resource teams to proactively prevent and aggressively defend claims of employment discrimination and wrongful termination.

Understanding The Laws Against Wrongful Termination

California is an at-will employment state. This means that either the employer or the employee can terminate the employment relationship at any time, for any reason, or for no reason at all. However, there are important exceptions. California labor and employment laws protect employees from being fired for unlawful reasons. These include protections against termination based on discrimination, retaliation or violations of public policy.

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for reasons that violate the law. Here are some common ways a company might be accused of wrongfully terminating an employee:

• Discrimination: Terminating an employee based on race, gender, age, religion, disability or other protected characteristics.
• Retaliation: Firing an employee for being a whistleblower. In other words, firing an employee for reporting illegal activities, unsafe working conditions or for exercising their legal rights.
• Violation of public policy: Terminating an employee for reasons that violate public policy, such as refusing to engage in illegal activities or taking time off for jury duty.
• Breach of contract: Firing an employee in violation of an employment contract.

Attorney Smith has extensive experience defending employers accused of wrongful termination. He proactively works with companies to help create valid and effective employment policies. He will also aggressively defend your company against claims of wrongful firings.

What Can An Employer Do When They Are Accused Of Wrongfully Terminating An Employee?

When facing claims of wrongful termination, employers should act promptly and strategically. Here are some steps to consider:

• Review the allegations: Carefully examine the claims made by the employee.
• Gather documentation: Collect all relevant documents and records related to the employee’s performance and conduct.
• Conduct an internal investigation: Investigate the allegations thoroughly and impartially.
• Consult with an employment defense attorney: Work with an experienced employment lawyer to assess the situation and plan a defense strategy.
• Communicate with the employee: If it’s appropriate, engage in open and respectful communication with the employee.

Your company’s human resources team should work closely with legal counsel to get guidance and advice for address the situation appropriately, efficiently and effectively. An employment defense attorney can play a crucial role in protecting your company against wrongful termination claims.

By establishing and reviewing an employer’s internal policies, an employment attorney can help your company proactively prevent issues. In the event claims arise, an employment defense attorney can help protect your company’s rights, interests and reputation.

Frequently Asked Questions

Below are answers to some of the questions our law firm receives frequently:

Can an employer be held liable for wrongful termination if the employee was terminated for poor performance?

Even if an employee is in a protected class, they can still be terminated for poor performance. You are not obligated to retain an employee endlessly just because of their inclusion in that protected class.

The important thing at this time is to demonstrate that they are truly being removed for poor performance. This is why performance records, statements from other employees and employee performance reviews can be useful. They help to demonstrate the true reasons for the termination, showing that it was done legally. This can even apply to employees who are not at-will workers but are contractually bound to the company. The contract may be written to demonstrate that they need to be fired for cause, and poor performance could be the cause. Recordkeeping is critical at this time.

What is the statute of limitations for filing a wrongful termination lawsuit in California?

There is a statute of limitations for wrongful termination lawsuits in California, though it depends on the reason for the termination. The statute is often set at three years but can be two years in some cases. As the owner of the company, you generally do not have to worry about wrongful termination cases involving employees whom you let go more than three years prior.

How can I protect my company from wrongful termination lawsuits in California?

As noted above, keeping meticulous records can help significantly if your business is ever accused of wrongful termination. You also need to be well aware of the various protected classes that employees fit into. Anytime someone is being terminated, be sure that it does not even give the appearance of discrimination.

For example, if you are terminating multiple employees and they are all in the same protected class, then it can raise red flags. But if the terminations apply equally to all workers at the business, across a variety of different classifications, then it is clear that you are not discriminating against one group of employees in particular. You need to take proactive steps to ensure that the termination adheres to the law and keep records to help demonstrate that you are in compliance with these laws.

Consult A Wrongful Termination Defense Lawyer Today

If your company has been accused of wrongfully terminating an employee, or if you would like to review or craft employment policies that comply with California’s labor and employment laws, contact the CE Smith Law Firm. You can schedule an initial consultation by calling the firm’s Oceanside office at 888-780-4541 or by sending an inquiry using the online form.